Legal Opinion

People ex rel. Malik v. State

Appellate Division of the Supreme Court of the State of New York

Decided January 22, 2009PublishedCited by 6 opinions

1Opinion of the Court

Appeal from a judgment of the Supreme Court (O’Shea, J.), entered April 29, 2008 in Chemung County, which denied petitioner’s application for a writ of habeas corpus, in a proceeding pursuant to CPLR article 70, without a hearing.

*1043Petitioner commenced this CPLR article 70 proceeding for a writ of habeas corpus contending that his conditional release date was improperly calculated and, further, that the statute underlying his conviction for criminal possession of a weapon in the third degree (see Penal Law § 265.02) was unconstitutionally vague. Habeas corpus relief is unavailable where, as…

2Cases cited4 opinions

  1. King v. BennettAppellate Division of the Supreme Court of the State of New York · 2007
  2. People ex rel. Encarnacion v. McGinnisAppellate Division of the Supreme Court of the State of New York · 2003
  3. People ex rel. Cropper v. TaylorAppellate Division of the Supreme Court of the State of New York · 2008
  4. People ex rel. Bariteau v. DonelliAppellate Division of the Supreme Court of the State of New York · 2005

3Cited by6 opinions

  1. People ex rel. Muhammad v. BradtAppellate Division of the Supreme Court of the State of New York · 2009
  2. People ex rel. Mitchell v. CullyAppellate Division of the Supreme Court of the State of New York · 2009
  3. People ex rel. Landy v. RockAppellate Division of the Supreme Court of the State of New York · 2009
  4. People ex rel. Fulton v. LapeAppellate Division of the Supreme Court of the State of New York · 2009
  5. People ex rel. Howard v. RockAppellate Division of the Supreme Court of the State of New York · 2009

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